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via email September 15, 2015 John P. Fitzpatrick, Director Information Security Oversight Office National Archives and Records Administration 700 Pennsylvania Avenue, NW, Room 500 Washington, DC 20408 Re: Wrongful classification of information regarding CIA torture, in violation of Executive Order 13526

Dear Mr. Fitzpatrick: I write to you to pursuant to section 5.2(6) of Executive Order 13526 (hereinafter “the Executive Order”), to challenge the ongoing, improper classification of information regarding the CIA’s Rendition, Detention and Interrogation Program. Specifically, I believe that the CIA has classified and continues to classify information in violation of: •

Section 1.1 of the Executive Order, which states that information may be classified only if “the information is owned by, produced by or for, or is under the control of the United States government.”



Section 1.7(a) of the Executive Order, which states that In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of the national security.

With respect to Section 1.1: as described in more detail below, the CIA continues to censor the thoughts, memories and statements of former CIA black site prisoners now in military custody at Guantanamo Bay. With respect to Section 1.7: the public version of the Senate Select Committee on Intelligence’s Study of the CIA’s Detention and Interrogation Program, released in December of 2014, revealed evidence of numerous serious violations of law by the CIA. These include, but are not limited to, brutalization of prisoners in violation of:

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the Anti-Torture Statute, 18 U.S.C. § 2340A, which states that torture and conspiracy to commit torture are felonies, subject to sentences of up to twenty years imprisonment, or death if the victim dies.1 the War Crimes Act, 18 U.S.C. § 2441, which states that certain grave breaches of the Geneva Conventions are felonies punishable by a sentence of up to life imprisonment, or death if the victim dies.2 International treaties, including the four Geneva Conventions and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.3

The Senate study’s executive summary also demonstrates in detail that the CIA’s acts exceeded the guidance provided in the “torture memos” written by the Department of Justice’s Office of Legal Counse (OLC),4 and that the OLC’s memos relied on false representations of fact by the CIA.5 The report documents numerous false statements, and concealment or destruction of evidence regarding the torture program,6 in potential violations of the following statutes: 18 U.S.C. § 1001 (false statements to executive, legislative or judicial branch); 18 U.S.C. § 1505 (obstruction of proceedings before departments, agencies, and committees); 18 U.S.C. § 1519 (destruction, alteration, or falsification of records in federal investigations); and 44 U.S.C. § 3106 (unlawful removal, destruction of records).

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The full text of the Anti-Torture Statute is available at https://www.law.cornell.edu/uscode/text/18/part-I/chapterThe full text of the War Crimes Act is available at https://www.law.cornell.edu/uscode/text/18/2441. Acts of war crimes are described throughout the SSCI Study Executive Summary. For references to a war crime ending in death, the November 2002 homicide of Gul Rahman at DETENTION SITE COBALT in Afghanistan, see SSCI Study Findings at 10, 14; SSCI Study Executive Summary at 49-50, 54-58, 60, 62-63, 102, 121, 190, 438, 458,